Inventions, Patents, Trademarks & Copyrights
SO YOU HAVE AN INVENTION
Isn’t it great to come up with a new and exciting idea? Wouldn’t you love to think up the next Frisbee or Hula Hoop? Well, be confident that there are still good ideas out there to be developed. Here are some past winners:
1866 – James Haven patents the Yo-Yo, first used as a weapon in the South Pacific.
1869 – Thomas Edison filed the first of his 1.093 patents at the age of 22.
1873 – 13 yr. old ChesterGreenwood invents the earmuff by attaching some padding to a piece of wire to protect his ears while skating.
1903 – Mary Anderson patents the windshield wiper.
1903 – Jessie Stuart invents dandruff shampoo.
1923 – Garrett Morgan patents the traffic signal.
1951 – Marion Donovan patents the disposable diaper.
Don’t think that everything good has been invented. We are seeing an increase in the number of inventions, not a decrease. Maybe that cardboard and glue model you made in the 5th grade really would work.
We get a lot of questions regarding inventions: Where do I start? How can I sell my idea? Is it legal? How can I know that I am not infringing on someone else’s patent? Do I need a patent?
While we cannot address all these questions here, let me get you started. If an invention is going to make money, it must be more than just a good idea. Store shelves are already filled to capacity, so a new product must be outstanding to attract customer’s attention. Watchdog agencies like the U. S. Food and Drug Administration, OSHA, and the Underwriter’s Laboratory are watching to make sure any new product conforms to local, state, and federal laws. Does your product have safety concerns?
Know your potential customers. Is the market for your product growing or shrinking. A few years ago a lady started mixing flour and clear finger nail polish. Four years later she sold that company to the Gillette Company for $42 Million dollars. Today the market for Liquid Paper or White Out is shrinking, not growing.
Do you need a Patent? Many people waste time and money pursuing a patent, convinced that if they can get a patent, they will be rich. No, you can get a patent on anything that has not been patented before. Thus, you could get a patent on square wooden wheels, but I doubt that anyone would want to BUY them. A patent here does not protect you from someone in Taiwan duplicating what you have done and selling it here. Many times it is wiser to spend your time developing your MARKETING plan rather than protecting your idea. More on patents later in this chapter.
To check out trademarks, patents and copyrights, you can go to:
This is the official government site and you can do your research right here.
Here’s a great site with a wealth of information on assessing your invention:
Another helpful site is:
Here you can register your idea or product and have some record that you did in fact have this idea as of this date.
Check this site for the Inventors Workshop International. Information and counseling is provided to individual inventors:
United Inventors Association
The United Inventors Association (UIA) is a tax-exempt, not for profit corporation formed in 1990 solely for educational purposes. If you’re an independent inventor, or an inventors networking group, or someone that provides services for new product development, this is the community center you’ve been looking for.
Be careful of Independent Product Developers (IDPs) Many will lead you down the rosy red path telling you your idea is the greatest thing since peanut butter when all they are doing is extracting your dollars.
If you’re ready to launch the next Hula Hoop, but lack cash and connections, log on to Ideavillage (). This site posts information on products that have passed its initial screening process. If you have a product that sells well, company founder Andy Khubani will help you finance a rollout to retailers.
If you’re still early in the process of trying to sell a patent or product idea, check out these sites:
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For a realistic evaluation of your big idea, check out the WisconsinInnovationServiceCenter. Since 1980, this university based service has assessed more than 6,000 ideas. Marketing students conduct a thorough market evaluation, researching both competition, demand, industry trends and market benefits. Evaluations cost $495, and most reports are 100 to 200 pages in length.
Here’s another one. This used to be the WalMartInnovationCenter – but it’s grown into the I2Innovation Group. For $220 you can get an invention overview and assessment. A good idea as you are starting out.
Free Invention Kit
Stay away from the late night Invention Development Companies. Many are scamming unsuspecting inventors.
HOW THE INVENTION MARKETING “CON” GAME WORKS
You’ve seen the late night ads on TV or have seen the promises in the back of a magazine: They offer just what you need for your improved Frisbee or child-proof bottle cap; a “do-it-all” package – development, packaging, patent and professional marketing.
STEP 1 – the average person believes that national programs and magazines would never allow “con artists” to use their media for advertising, so the person trusts the come-ons.
Truth 1 -- National publications don’t have the time or the expertise to check out every potential advertiser. And, these companies may spend $60,000 a month on their ads, so the media looks the other way.
STEP 2 -- the inventor calls a toll free number and receives some great looking information. Based on the glossy presentation, the inventor eagerly submits his/her idea for a “free” review.
Truth 2 -- The information presented is designed to mislead the inventor by outright lying or presenting misleading half-truths. Testimonials are usually false. “Shills” are put in place to answer calls about past clients.
STEP 3 -- The telephone salesman calls and excitedly tells you that your idea has been “accepted” by the company. They have never seen anything like this and they are sure it will be an instant success. However, you must pay certain fees to obtain a patent and marketing report. They will ask critical questions about you to determine the fees – usually ranging from $650 to $7,000.
Truth 3 -- ALL ideas are accepted by the company. I once had a client who has designed a vibration resistant cigarette plug-in adapter. How many of these do you think could be sold? But the company presented him with numbers of vehicles with cigarette lighters and with only a small percentage, he would be a millionaire.
STEP 4 -- Usually there is a step up process as you go along. More money for a useless “report”. More for the patent because companies are already contacting them about a supply of your product. A young couple I worked with had sent in over $10,000 TWICE to these scam companies and they will never see a penny return. One was for a plastic sheet insert to organize your canceled checks.
Truth 4 -- This is the hardest part to swallow. The inventor does actually get a patent, but it is worthless. Keep in mind, most patents are worth only the paper they are printed on. The Patent Office issues over 100,000 patents each year, most of which are worthless. You may be able to patent a square wooden wheel because it hasn’t been done – but who’s going to want to buy one?
This is a very brief introduction to a very big industry. Stay away from invention marketing firms that advertise on radio and late night TV. They’re out to fatten their wallets and empty yours!
Check here for more information on invention scams:
Inventors Café --
And more:
Keep in mind, most people put too much emphasis on developing their product or idea, and not enough on Marketing. If you have a new invention:
2% of your challenge – Protecting your Idea (Patent, Trademark, Copyright)
8% of your challenge – Is it a valid idea or product?
90% of your challenge – What is your Marketing Plan?
Most people spend too much initial time, energy and money protecting their idea rather than selling or marketing it.
Interesting Note: Steven Spielberg once said, “Good ideas are only given to you for a limited amount of time. If you don’t act on them, they belong to someone else.”
You may want to pick up a copy of “Why Didn’t I Think of That?: Bizarre Origins of Ingenious Inventions We Couldn’t Live Without” (by Allyn Freeman and Bob Golden) It tells the stories behind 50 everyday inventions like Liquid Paper, Kitty Litter, Tupperware, S.O.S. pads, Velcro and The Club. It details how each inventor came up with, developed and introduced his/her idea
PATENTS, TRADEMARKS AND COPYRIGHTS
PATENTS
A patent is a form of showing ownership of “intellectual property.” If you own tangible property like land, houses or cars, you would have a title or deed to show your rights as the owner. But for “intellectual property” like books, music, chemical formulations, computer programs, pictures, names, etc. we need another form of protection.
Where do patents come from? Patents are granted by the U.S. Patent and Trademark Office (PTO) ( A patent gives the inventor the right to stop someone else from making, using or selling your invention without your permission. A patent does not give you the exclusive right to make, use of sell the invention.
Who can get a patent? Only the inventor may apply for a patent on his or her idea. A person applying for a patent on something he or she did not invent is subject to criminal penalties. A person who is only investing in the idea cannot be named as a joint inventor.
Are there different kinds of patents? Yes, there are three common types of patents. (1) Utility patents protect the function or method of your invention. This is the most complicated kind of patent to apply for but it also gives you the most protection. A utility patent must pass four tests:
- Statutory-Class Test: Your invention must be classified as a process, machine, manufacturing process or composition. So if you have the next Polaraid camera, a utility patent would be the appropriate approach.
- Utility Test: Your invention must be considered useful.
- Novelty Test: Your invention must have a feature that clearly sets it apart from previous inventions and that has been unknown to the public.
- Unobviousness Test: Your invention’s uniqueness must not be obvious to someone who has ordinary skill in the area of your invention. For example, you cannot patent the “process” of putting a staple in a stack of papers. It’s obvious from seeing a stapler what it’s function is.
A (2) Design patent provides protection of the appearance or ornamental design of your invention. You could get a design patent for a piece of furniture, a new lamp, or a water filter. This is easier to file and easier to get than a utility patent. But it’s also easier to get around for any new inventor. Many people work in secret for 5-6 years to get a design patent, only to be dismayed when three other companies put butterflies on the lamp instead of birds and go on to immediately sell thousands of nearly identical products.
The third patent is a (3) Plant patent. This is granted for distinct and new varieties of asexually reproduced plants, such as patented roses or chrysanthemums.
How do I know if my idea is already taken? Thanks to the Internet you can now do your own search on all existing patents. It used to be a complicated process with only 1-2 PTO Deposit libraries in each state. Now you can go directly to: and instantly be connected to the entire government site. You can check for similar products or inventions and complete the process here. While doing the research is fine, I do strongly recommend that you use a reputable patent attorney to actually file for the patent. There are too many little technicalities to expect to
cover all the right bases.
TRADEMARKS
A trademark is like a brand name. They are used to protect names and symbols that are used to identify products to distinguish them from other products in the marketplace. You can immediately recognize the value of “Xerox” or “Kleenex” or “CocaCola.” A trademark symbol would be the peacock used by NBC of the checkmark swoosh used by Nike.
Peopleask about the ™ and the ® symbols after a name or next to a symbol. You can use the ™ mark immediately without doing anything. The ® can be used only after you have your mark registered with the U.S. Patent and Trademark Office. It’s unlawful to use this mark before you have been issued a registration with the PTO.
I oftenrecommend that a person get a trademark rather than apply for a patent. A lady came to me to have me help with her unique pet little box covers. She assumed she needed a patent. But as you can see from the description above, the appropriate patent would have been a design patent. I was convinced that would be an expensive and ineffective way to have any protection, and recommended that she instead come up with a unique, descriptive name and trademark that name. She did in fact come up with a great name (PoopTents) and proceeded to get the Internet domain and trademark that name. That gives her much more positioning and protection in the marketplace for that kind of product than getting a patent would have. And the total cost is going to be less than $350 compared to roughly $5000-6000 for a patent.
To research existing trademarks and check for anything close to what you want to use, just go back to and start the process.
COPYRIGHTS
A copyright is the legal protection for patterns, board games, newspapers, articles, books, music, computer software, plays, poetry, movies, maps and drawings – among many other things. As opposed to patents and trademarks, a copyright exists automatically upon the creation of the work. I know this is hard to understand, but if you write a book, no registration is necessary for it to be copyrighted. Copyright originates automatically and immediately when the work is created. And yes, you can use the © symbol just to remind anyone that copyright protection is being claimed on this work. (Incidentally, I am pulling these symbols from “Insert” on the Microsoft Word toolbar at the top of the page. It’s easy to pick and insert any symbol you need.
Copyright protection lasts for the life of the author plus 50 years and need no renewal. Here’s the link for the U.S. Library of Congress Copyright Office: